130Application for order consequent on damage to or destruction of building

130 Application for order consequent on damage to or destruction of building

130 Application for order consequent on damage to or destruction of building

(1) If a building the subject of a strata scheme is damaged or destroyed, any of the following persons may apply to the court for a variation order for the scheme—

(a) an owner of a lot in the scheme,

(b) a registered mortgagee or covenant chargee of a lot in the scheme,

(c) if the scheme is a leasehold strata scheme—the lessor of the scheme,

(d) the owners corporation.

(2) Notice of the application must be served, in accordance with rules of court, on—

(a) each person referred to in subsection (1), other than the applicant, and

(b) the local council, and

(c) the Registrar-General, and

(d) any other person directed by the court.

(3) The applicant and each person entitled to be served with notice of the application may appear and be heard on the hearing of the application.